"Forum" in contemporary criminal law thought twenty-third lecture was held successfully

November 28, 2013 night at six thirty, funded by the Peking University "Yang Chunxi law education and research foundation", Peking University School of law, Tsinghua University School of law, Renmin University of China School of law, China University of Political Science and Law College of criminal justice and China Youth University for Political Science law school five school jointly sponsored "contemporary criminal trends Forum" series of activities in twenty-third games, held in the China University of Political Science and Law graduate school research building underground room 201.
The theme of the forum is "position and method of" interpretation of criminal law, Renmin University of China law school professor Feng Jun speaker. The forum is chaired by Professor Qu Xinjiu of China University of Political Science and Law College of criminal justice, Tsinghua University School of law professor Zhang Mingkai, Renmin University of China School of law professor Liu Mingxiang, Professor Ruan Qilin of China University of Political Science and Law College of criminal justice, China Youth University for Political Science school of law professor Lin Wei as the main comments. Peking University law school professor Chen Xingliang, Professor Liang Genlin, associate professor, associate professor Che Hao Jiang Su, Tsinghua University School of law, associate professor Lao Dongyan of Renmin University of China law school associate professor, associate professor Fu Liqing of China University of Political Science and Law College of criminal justice, Fang Peng China Youth University for Political Science law school associate professor, Associate Professor Qin Yi He, Sun Yunliang, Beihang University School of law Chinese Law Institute of the Academy of Social Sciences fan the research associate scholar as guests attended the forum. The forum attracted more students came to the scene to listen.

With the provisions on the crime and punishment of the criminal law in our country is rich, our country criminal law educational world gradually realized by criminal legislation to the interpretation of criminal law science steering. In this process, China's criminal law scholars pay more attention to the interpretation of criminal law, but the explanation is not the same as the conclusion of specific. In this case, scholars not only to provide interpretation for foot, position and method of criminal law doctrine must demonstrate the school. In this lecture, position and method of Professor Feng Jun tells the story of the criminal law. His support of science.
Professor Feng Jun first introduced the meaning and historical interpretation of criminal law. He pointed out that, the interpretation of criminal law is based on the existing criminal law provisions, to explain the knowledge of the existing criminal law, is the bridge of criminal legislation and criminal justice. Father of the modem criminal law, criminal policy from the Feuerbach interpretation of criminal law, the traditional interpretation of criminal law. The traditional interpretation of criminal law is conducive to the realization of the stability of criminal justice, but it suffers in practical science, accused. Professor Feng Jun think, the scientific criticism in the national democracy and the rule of law today have lost their pertinence, applicability to blame promoted the interpretation of criminal law from closed to open self transformation. Subsequently, the interpretation of criminal law has experienced Lester classical criminal law, Will Georgi the purpose of criminal law to the rational criminal Rocco Xin, Jacobs's stage of development.
Today, modern criminal law scholars believe that criminal law is an open system and closed system, its content shall be determined by the objective and task of the criminal law to determine. The key problem of the modern interpretation of criminal law is the interpretation of criminal law: how to the purpose of criminal law. For this problem, some scholars in our country the protection of the interests of the law professor Luo Kexin explores the say, think the purpose of criminal law is to protect legal interests. Professor Feng Jun I chose Jacobs professor of standard maintenance said, that the purpose of criminal law is an effective maintenance law.
In the lecture, Professor Feng Jun through vivid to the concrete case analysis shows the thinking route and processing the two theories, and put forward criticism on the protection of law: first, the protection of law that has the tendency of subjectivism, and may lead to the expansion of the scope of criminal punishment; secondly, the protection of law said can not explain the current criminal law, may cause to question the existing regulations. In contrast, law is the most important, is the core content for the true social morphology, and norms of criminal law doctrine based learning system is an open system.
Finally, Professor Feng Jun tells the story of his interpretation of criminal law. He thinks, the interpretation of criminal law should go through three stages as follows: firstly, based on the SEER (including the seer and group personal SEER) to understand the law; second, to explain the conclusion of practical rationality inspection; third, to explain the conclusion of law according to the inspection. Should pay attention to in the last step,: first, explain the conclusion not provisions and the provisions of the criminal law conflict; second, to explain the conclusion and the provisions of the criminal law explanation; thirdly, explain the conclusion should be without prejudice to the criminal law system of harmony; fourth, explain the conclusion should be conducive to maintaining the unity of legal order.

In the main comment on stage, Professor Zhang Mingkai think the law and value judgments are closely linked, and from personal experience, theory tendency and Chinese judicial status, explained his take the theory of violating legal interests rather than normative reasons against the said. Take the theory of violating legal interests is beneficial to distinguish between responsibility and illegal, is conducive to the implementation of objectivism. Professor Liu Mingxiang thinks that the protection of law said Each has its own merits. and standard maintenance, two theories also converge in many problems to explain, and he advocates the protection of legal interest and standard maintenance said compromise. Professor Ruan Qilin's lecture of Professor Feng Jun for his summary, interpretation method of its story and the theory of critical spirit to be sure, for his support of the theory of violating legal interests of the two aspects at the same time from Chinese judicial environment and criminal start time. Linwei professor agrees on the interpretation method of Prof. Feng Jun, but at the same time that the thinking process specification maintenance theory does not have particularity. In addition, standard maintenance theory cannot well explain part of the existing criminal law.
Later, Professor Wang Shizhou, Professor Chen Xingliang, Professor Liang Genlin also were wonderful comments on Professor Feng Jun's lecture. Finally, Professor Feng Jun comments on your comments on human response. Warm applause from the students, the forum activities ended.

"Forum" contemporary criminal ideas held once a month, is funded by the Peking University "Yang Chunxi law education and research foundation", jointly organized by Peking University School of law, Tsinghua University School of law, Renmin University of China School of law, China University of Political Science and Law College of criminal justice and Law School of China Youth University for Political Science, is to show the contemporary criminal law academic basic position, basic principle, basic method of thematic sex, series, academic forum.

(Chen Eryan, Liu Yundi.)